« Previous | Contents | Next »
Listen
CHANGES TO EXISTING EXEMPTIONS
14. Most of what the Scottish Executive is proposing in this paper consists merely of a restatement of the existing law, in a more accessible form. In a few cases, however, we are proposing changes. These are discussed below. The numbering of paragraphs in this section follows that which appears in the Schedule 3 currently in force. Please note that the draft Regulations published in this consultation document have a slightly different numbering. For the most part, the new paragraph numbers are two greater than the existing ones.
15. In paragraph 3(c) there is an exemption from the licensing requirements for waste oil being stored prior to burning as a fuel. There is no limit placed on the amount of oil which should be stored under an exemption. This is unlikely to satisfy the requirements of the Hazardous Waste Directive. Indeed, it appears anomalous in the context of an exemptions regime designed to apply a lighter-touch regime to benign or relatively small-scale activities, that limitless quantities of waste oil could be stored without the requirement for a full waste management licence. For these reasons we are proposing to limit this exemption to a quantity of 23,000 litres.
16. For the same reasons we are proposing a similar limit on the amount of waste oil which may be stored in accordance with paragraph 6(2). The limit quantity of 23,000 litres was chosen to be consistent with paragraph 41, which also relates to the storage of liquid waste.
17. An amendment is proposed to paragraph 17, whereby the list in paragraph 17(2) is replaced by a single reference to HCFC's and HFC's, with the relevant waste code, since that is the one at which the relevant provision is aimed.
18. To comply with the requirements of the Hazardous Waste Directive that exemptions for special waste should have clear parameters set, a new limit of 1,000 tonnes is proposed for the storage exemption in paragraph 28. This amount is chosen for consistency with paragraph 4. Similarly, a limit of 10 tonnes is proposed for the testing an analysis exemption in paragraph 38. This amount is chosen for consistency with paragraphs 12(3) and 23(1).
19. The proposed amendment to paragraph 29 clarifies that this exemption is applicable even to plants which carry out incineration of waste which are not "incineration plants" or "co-incineration plants" in terms of the Waste Incineration Directive 6 and the Waste Incineration (Scotland) Regulations 2003 7 which implement it in Scotland. The match between definitions in the 1994 Regulations and the 2003 Regulations is provided for in the proposed amendment to Regulation 1(3) of the former.
20. The Scottish Executive believes that paragraph 42 can be repealed. This allowed the treatment, keeping or disposal of scrap metals or waste motor vehicles to be carried on without the need for a full waste management licence provided that the operator was carrying on the activity at the same premises before 1 April 1995, and had applied, before that date, for a licence under the Control of Pollution Act 1974. There is no-one now in this position, and it is impossible that anyone could qualify for this exemption in the future. It may therefore be repealed.
21. In the same way we believe paragraph 43 has outlasted its usefulness. This allows waste management activities which did not need a licence under the 1974 Act, and which have been carried on at the same premises since before 1 May 1994, to continue to be carried on under an exemption - but only if a licence were applied for before 30 September 1996, at the latest. We do not believe there is any operator in this position and, again, it would be impossible for anyone to qualify for this exemption in the future.
Notification
22. The Scottish Executive has notified the draft codification to the Commission. If any further changes are made as a result of this consultation, they too will be notified to the Commission. We recognise that if the Commission raises comments or queries about the compatibility of the proposed exemptions with Community law, any such comments or queries will have to be taken into consideration - just as points raised by all parties during consultation are taken into consideration.
« Previous | Contents | Next »